Questions Posted to "Ask a Dispatcher"
Q. Driving a motorized vehicle while intoxicated is just plain stupid, I get that. But I've heard you can get a DUI while on a bike or any other transportation with wheels even if its not motorized. Why is this? Is the punishment exactly the same as a motorized vehicle?
I can see someone on a bike hitting someone that may be walking, but why would someone, that just got a DUI while driving a motorized vehicle still be able to ride a bike around if they are no longer able to drive a motorized vehicle?
Dear Juneau Resident,
It's not the wheels that count, it's the motor! You are not the first person to contact a JPD dispatcher with this question. Obviously more than one person has come to believe you can get a DUI without a motor...you can't. However, teeny, tiny motors do count, like those on a power scooter. The consequences for getting a DUI on a motorized scooter are the same as for someone operating a mini-van.
Here is the short version of the CBJ DUI ordinance:
CBJ 72.10.010 - Driving while Under the Influence
(a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft.
Below is part of a document published by the Alaska Court System which outlines the minimum penalties for DUI. To see the complete list of penalties for DUI go to http://www.courts.alaska.gov/forms/pub-11.pdf
Overview of Mandatory Minimum Penalties
FIRST OFFENSE Misdemeanor Felony*
Minimum jail time 72 Consec. hours
Minimum fine $1,500
Ignition interlock device 12 Months
Cost of imprisonment** $330
License revocation 90 Days
SECOND OFFENSE
Minimum jail time 20 Days
Minimum fine $3,000
Ignition interlock device 24 Months
Cost of imprisonment** $1,467
License revocation 1 Year
THIRD OFFENSE
Minimum jail time 60 Days 120 Days
Minimum fine $4,000 $10,000
Ignition interlock device 36 Months Entire probation
Cost of imprisonment** $2,000 Not applicable
License revocation 3 Years For life
* Third or subsequent DUI or Refusal convictions may be misdemeanors or felonies,
depending on when the prior convictions took place.
** This amount is subject to change by regulation. Defendant must pay surcharges too.